Importation of Firearms
What is Importation of Firearms?
Under Section 233BAB Customs Act 1901, it is an offence to import a firearm, which can include accessories, firearm parts and magazine, imitations and ammunition and components of ammunition, for the purposes of this legislation. They are known as Tier 2 goods.
To import means to bring a firearm into the country from overseas. The package needs to arrive from a foreign country, and a delivery point must exist. With the increase use of the “Dark Web” for the purchase of illegal firearms and parts, importation can occur at the moment when the goods pass through a Customs warehouse or checkpoint, and the time when the package is picked up by a person, or finally if the package has arrived at the destination of someone’s home. It can also include when a person takes a firearm onto the plane from a foreign country and attempts to enter the country.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused intentionally imported the goods
The accused knew, or was reckless in determining that the goods were category Tier 2 goods, and were prohibited or;
The accused knew, or was reckless in determining that the goods were Tier 2, and did not obtain prior authorisation as required.
Going to Court – “What am I looking at?”
Importation of Firearms carries a maximum penalty of $275,000 fine and/or 10 years imprisonment.
This offence is indictable as it is charged as a Commonwealth offence, and as such will be heard in the District Court. There is however, the possibility that if the Director of Public Prosecution agrees or is persuaded, this matter can be kept in the Local Court where the penalties are significantly more lenient.
Lawyer Call – here to help..
Contact our experienced team of Defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and the best course to proceed when going to Court.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our Lawyer call Defence Criminal solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the early plea of guilty, the value of the item, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Magistrate and obtain a more lenient sentence.